BILL NUMBER: SB 505	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 4, 2014
	AMENDED IN ASSEMBLY  JUNE 10, 2014
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  MAY 15, 2013
	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Jackson

                        FEBRUARY 21, 2013

   An act to add Section  5150.6 to the Welfare and
Institutions Code,   11106.4 to the Penal Code, 
relating to  welfare checks.   crime prevention.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 505, as amended, Jackson. Peace officers: welfare checks:
firearms.
   Existing law allows a person to be taken into custody for a period
of 72 hours for crisis intervention when probable cause exists that
the person, as a result of a mental disorder, is a danger to others,
or to himself or herself, or gravely disabled.  Under existing
law, the Attorney General is required to maintain a registry of
specified information concerning the sale, lease, or transfer of
firearms, and to include in the registry specified data provided to
the Department of Justice. 
   This bill would, except when exigent circumstances exist  ,
and provided that sufficient identifying information is available or
could be ascertained through reasonable efforts  , require a
peace officer who is asked to check, or checks on, the welfare or
well-being of an individual based on a concern that the individual is
a danger to others, or to himself or herself, to first conduct a
search of the Department of Justice Automated Firearms System via the
California Law Enforcement Telecommunications System to determine
whether the person is the registered owner of any firearm.
   By imposing additional duties on local peace officers, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 5150.6 is added to the
Welfare and Institutions Code, to read:
   5150.6.  Except when exigent circumstances exist, if during the
discharge of his or her policing and community care taking functions,
a peace officer is asked to check, or checks on, the welfare or
well-being of a person, and the inquiry is motivated by a concern
that the person may be a danger to others, or to himself or herself,
the peace officer shall first conduct a search of the Department of
Justice Automated Firearms System via the California Law Enforcement
Telecommunications System, to determine whether the person is the
registered owner of any firearm. 
   SECTION 1.    Section 11106.4 is added to the 
 Penal Code   , to read:  
   11106.4.  Except when exigent circumstances exist, and provided
that sufficient identifying information is available or could be
ascertained through reasonable efforts, if during the discharge of
his or her policing and community care taking functions, a peace
officer is asked to check, or checks on, the welfare or well-being of
a person, and the inquiry is motivated by a concern that the person
may be a danger to others or to himself or herself, the peace officer
shall first conduct a search of the Department of Justice Automated
Firearms System via the California Law Enforcement Telecommunications
System, to determine whether the person is the registered owner of
any firearm. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.